Requires notification to the local department of social services upon the death of an incapacitated person.
Ayes (62): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
TITLE OF BILL: An act to amend the mental hygiene law, in relation to notifying the local department of social services upon the death of an incapacitated person
SUMMARY OF PROVISIONS: This bill amends Mental Hygiene Law §81.44(c)(1) by adding a requirement that the duly appointed personal representative of a decedent's estate or the personal representative named in the decedent's will or any trust instrument, if known notify the local social services district of the death of the decedent.
REASONS FOR SUPPORT: The City proposes legislation that will increase Medicaid reimbursement recoveries by requiring that the assigned guardian of an individual notify the local social service district in New York City, the Human Resources Administration (HRA) upon the death of the individual.
Presently, there is no system by which HRA is promptly notified upon the death of an individual who, due to incapacitation, has been assigned a guardian. Under current statute, the guardian must notify other entities, such as the court examiner and the public administrator, but not the agency that provides Medicaid services at public expense.
This notification is critically important when an individual has an outstanding Medicaid lien. As a result of delays in these instances, the City is hindered in seeking reimbursement of Medicaid benefits expended on behalf of the individual. Although payment of debts and other fees cannot be quantified for the purpose of this proposal, we know that up to 12% of gross estate assets are lost in fees paid to attorneys and public administrators when an estate is transferred from the guardian before HRA can insert a lien.
HRA's current process in this regard is piecemeal and time-consuming; staff members check the Welfare Maintenance System and Nexis death records, with occasional notification volunteered by the guardian. Since an appointed guardian has the responsibility to administer an incapacitated person's affairs and has an understanding of the person's history and circumstances, he or she should be obligated to notify the local social service district along with the court examiner and the public administrator.
Accordingly, the Mayor urges the earliest possible favorable consideration of this proposal by the Legislature.
STATE OF NEW YORK ________________________________________________________________________ 5311 2011-2012 Regular Sessions IN SENATE May 4, 2011 ___________Introduced by Sen. McDONALD -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Develop- mental Disabilities AN ACT to amend the mental hygiene law, in relation to notifying the local department of social services upon the death of an incapacitated person THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph 1 of subdivision (c) of section 81.44 of the mental hygiene law, as added by chapter 175 of the laws of 2008, is amended to read as follows: 1. serve a copy of the statement of death upon the court examiner, the duly appointed personal representative of the decedent's estate, or, if no
[person]PERSONAL representative has been appointed, then upon the personal representative named in the decedent's will or any trust instrument, if known, UPON THE LOCAL DEPARTMENT OF SOCIAL SERVICES and upon the public administrator of the chief fiscal officer of the county in which the guardian was appointed, and S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10864-01-1